Legal framework

Proposed legislative response to the pandemic

On October 5, 2020, the Chief Electoral Officer (CEO) submitted a special report to Parliament entitled Administering an Election during the COVID-19 Pandemic. This report recommended a temporary legislative response to the pandemic that would leave the Canada Elections Act (the Act) unchanged once the pandemic is over.

In December 2020, the government introduced Bill C-19, An Act to amend the Canada Elections Act (COVID-19 response) in the House of Commons. This bill responded to the CEO's recommendations and added new elements.

Bill C-19 was not passed before the 44th general election was called and therefore never became law. As a result, this election took place under the current legal framework.

Adaptations and instructions of the CEO

Under the Act, the CEO can issue special instructions or adapt the Act under certain circumstances:

• Subsection 17(1) authorizes the CEO to adapt any provision of the Act during the election period or within 30 days after the election for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes. To exercise this authority, the CEO must be satisfied that the adaptation is necessary because of "an emergency, an unusual or unforeseen circumstance or an error."
• Section 179 authorizes the CEO to issue, in the context of general elections, instructions to adapt or apply the Special Voting Rules set out in Part 11 (sections 177–282) of the Act to a particular circumstance. The CEO may issue such instructions when he or she considers them necessary in order to execute the intent of the Special Voting Rules.

All adaptations and instructions issued under subsection 17(1) and section 179 must be documented in the official report on the general election, which is delivered to Parliament a few months after an election.

To learn more about the adaptations made and the instructions issued for the 44th general election or in effect with respect to that election, visit:

• Adaptations—44th general election
• Instructions in effect

Postponing an election

Section 59 of the Act allows for an election to be postponed or for the writ of election to be withdrawn.

The Canada Elections Act states that, if the CEO certifies that, by reason of a flood, fire or other disaster, it is impracticable—or "impossible in practice"—to administer the election in one or more electoral districts, the Governor in Council may postpone the election for up to seven days if he or she is of the opinion that the withdrawal of the writ is not warranted. Alternatively, the Governor in Council may also choose to withdraw the writ and call a new election at another date. In all cases, section 59 applies on a district-by-district basis.

The CEO would only certify that it has become impracticable to administer an election in one or more electoral districts after having exhausted all mitigation measures possible under the Act, including adaptations made pursuant to subsection 17(1).

Since 1952, the Canada Elections Act includes the power to withdraw the writ, but this has not, to anyone's knowledge, ever been used. It is an exceptional power that should be used as a last resort and that provides clarity on what happens if voting cannot take place.

In preparation for the 44th general election, Elections Canada did a thorough analysis to determine if an election could be postponed because of a pandemic and, if so, how it would work.

To learn more, see the FAQs on postponing an election.

Learn more about the Canada Elections Act and other electoral legislation.